State sues Calif. group for illegal phone calls

INDIANAPOLIS - Following through on a promise to sue political organizations that inundate consumers with illegal automated calls, Indiana Attorney Steve Carter filed suit on Monday against a California group that automatically dialed prerecorded messages into the state's 9th Congressional District, attacking Democratic candidate Baron Hill.

That the Republican attorney general is enforcing a long-forgotten automatic-call law against a group trying to defeat a Democratic candidate was not lost on top officials of both major political parties.

"We're happy with the lawsuit being filed, especially as quickly as it was filed," said Jennifer Wagner, communications director for the Indiana Democratic Party. "It's refreshing to see the Republican attorney general (Carter) would go after Republicans."

The automated calls attacked Hill, who trying to regain the 9th District congressional seat in a rematch against Republican congressman Mike Sodrel, who defeated Hill in 2004. The calls prompted at least 12 consumer complaints to the attorney general's office.

Unlike in other automated-call violations where the caller's identity is unknown and phone records must be subpoenaed, in this case the attorney general's office had enough evidence to quickly bring a lawsuit, Carter said.

Though prerecorded, the automated message starts by asking residents survey questions, then criticizes Hill. The group placing it, the Economic Freedom Fund, identified itself in the message. At least one consumer who lodged a complaint was able to record the message; others obtained the originating number through caller ID, Carter said.

When investigated by the attorney general's office, the Economic Freedom Fund of Sacramento, Calif., acknowledged it authorized the calls and agreed Friday to suspend them, Carter said.

The suit, filed Monday by the attorney general's office in Brown Circuit Court in Nashville, Ind., seeks an injunction, and penalties of up to $5,000 per violation. A hearing is set for Sept. 27.

The Economic Freedom Fund is an independent or "527" political organization, meaning it's exempt from federal campaign-fundraising limits faced by candidates and political parties.

According to The Associated Press, the Economic Freedom group is funded by the same financier behind the "Swift Boat Veterans for Truth" ads in 2004 that attacked the military record of Democratic presidential candidate John Kerry.

The campaigns of both Hill and Sodrel praised Carter's action Monday. Hill's campaign thanked Carter for "setting aside partisan alliances and doing what's right for all Hoosiers."

Sodrel's campaign said it had been the target of similar automated calls. "It's the worst kind of politics, and they've got to stop," Sodrel spokesman Cam Savage said.

Carter said his office still is investigating an earlier complaint, which he did not identify, that led to his Aug. 29 announcement of the new legal interpretation.

"We need those complaints to be filed to prosecute a case," Carter said.